Durango Herald Opinion Editor receives thing of value from city government with home purchase

A Durango Herald editor received a thing of value when acquiring a home on a lot that was developed using city tax dollars, raising questions as to how it could create a conflict of interest in how she writes about city officials and policies.

Durango Herald Opinion Editor Ann Marie Swan’s home

Durango Herald Opinion Editor Ann Marie Swan applied for the privilege to purchase a deed-restricted workforce housing unit.

A lottery was held to determine which pre-qualified candidates would receive the privilege to purchase one of the homes. Swan’s application and lottery for all of the applicants was handled by Homes Fund, a non-profit organization that helps people obtain homes.

Homes Fund Director Lisa Bloomquist drew Swan’s name.

After Swan’s name was successfully drawn in the lottery, Swan purchased the home for $550,810 dollars.

Historically, Durango City Council planned the project since it achieves several of their strategic goals, including increasing inventory for the local workforce by establishing public-private partnerships and incentives.

What was valuable to buyers like Swan was that the developer, ACPO, LLC received reimbursement for improvements and costs associated with the project. Here’s a partial list of some of the cost-containment measures that may have made the closing costs of the homes more favorable for buyers:

1. Costs related to utility upgrades and connections (water tap fees) including the labor to install.
2. Costs associated with improving, widening and repaving the alley to the west of the subject property including concrete for curb and gutter, asphalt for the driving surface, and labor to install
3. Costs related to relocation of existing utility infrastructure including but not limited to natural gas, electric, and communications facilities.
4. Costs related to sidewalk construction, curb and gutter installation, and planting of street trees.
5. Costs related to stormwater management including but not limited to cobble, plantings, and construction of the central greenscape amenity insofar as it relates to stormwater detention and treatment.
6. All Fair Share program costs ($21,175)
7. All building permit costs ($34,036.17 for the triplex A4 where unit 901 is located)
8. Durango Fire Protection District Impact Fees ($819 dollars per kitchen).

Swan’s new home was located on a lot with several other homes that were developed with funding from city of Durango’s Urban Renewal Partnership (Urban Renewal Authority) to create deed-restricted housing for qualified residents.

The Urban Renewal Authority is a taxpayer-funded board of the city of Durango.

Overall, the payments from city government to the developer of Swan’s home raises questions about the potential conflict of interest that the thing of value created for her.

Swan refused to answer my questions for this story.

Durango Herald staff editorial decries resident’s style of redressing government

In 2023, a Durango Herald staff editorial complained about Durango resident John Simpson redressing his grievances with city officials.

Durango Herald Opinion Editor Ann Marie Swan.

Specifically, Simpson had requested “all back and forth communications between the city attorney, city manager, and city councilors used to develop the Financial Advisory Board governance document.” When the city refused to provide the documents that Simpson requested, Simpson sued.

Simpson’s emails to city officials and the subsequent lawsuit that Simpson filed were the subject of the Durango Herald staff’s displeasure, as evidenced by their Nov. 12, 2023 staff editorial about Simpson.

Specifically, here is an excerpt from the staff editorial about Simpson’s emails:

At the same time, burying city staff members with requests to answer to a lone resident – at some point – is intimidating. One employee said they’re chasing ghosts.

Plainly, Simpson, who has unresolved litigation regarding unaudited 2022 city financial records, wants to hold the city accountable. That’s one thing. Inundating staff members, rendering them unproductive, can obstruct government, too. Not helpful.

In the correspondence, Morgan cited “false accusations of ill practice,” “the unlicensed practice of law by providing legal opinions to city officials,” “misogynistic statements,” “racist statements,” “meritless questioning of professional qualifications” and more.

The city doesn’t have any other mechanism but to send a cease and desist letter. Morgan said many emails were improper, including Simpson’s calling “nepotism” in the hiring of Interim Finance Director Tomas Gonzalez, who professionally knows José Madrigal, city manager. (Simpson later said he meant “cronyism.”) Also puzzling is Simpson saying Devon Schmidt, chief financial officer, “doesn’t have the experience to push back against José.”

We’re confused as to how these comments would advance governance.

Labeling his emails as harassment, intimidation and racism, the staff editorial exemplifies everything that we see in modern legacy establishment press to this day:

• a lack of skepticism of government officials.
• a lack of independence from government officials in reporting about governmental operations.
• an over reliance on government officials when reporting on the activities of government.

The truth is that Simpson’s emails were well within the protections of the First Amendment.

Before the Durango Herald staff editorial was published on Nov. 12, 2023, City Attorney Mark Morgan met with Durango Herald Opinion Editor Ann Marie Swan on Nov. 8, 2023, according to emails between Swan and city of Durango Public Information Officer Tom Sluis.

Documents related to the deed-restricted townhomes at Animas City Park Overlook

Here is a chronology of events related to the Animas City Park Overlook (ACPO) Townhomes & City/URA Participation that was provided to me by the city of Durango:

Here’s a Sole Source Agreement that fails to describe how The Agave, Inc is the one and only vendor who can provide the good or service for this project:

The Redevelopment and Reimbursement Agreement between Durango Renewal Partnership and ACPO, LLC:

A Purchase Order Payment Form: